What is the difference between a medical malpractice claim and a wrongful death claim?

Medical malpractice and wrongful death claims are two different types of legal actions. Though they can sometimes involve similar facts, the two are distinct from each other in important ways. Medical malpractice is a type of negligence claim that is based on a healthcare provider’s failure to provide a certain standard of care. A successful medical malpractice claim must prove that a health care provider’s care fell below the acceptable standard of care and injured a patient. In Georgia, this must be done through expert testimony from medical professionals. By contrast, a wrongful death claim is brought against a party in the event of the death of another. The claim is typically brought against a party who may be partially or entirely responsible for the death of another. Unlike a medical malpractice claim, a wrongful death claim does not require that the death of the person was caused by a medical provider’s negligence, but instead, may arise from many different causes including auto accidents, animal attacks, and even criminal activity. In Georgia, the statute of limitations for a medical malpractice claim is two years from the date of the injury, while the statute of limitations for a wrongful death claim is two years from the date of the death. Depending on the circumstances, different parties may be named in either type of claim.

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What is the difference between a medical malpractice claim and a wrongful death claim?

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